tristitiam maximam quantitate absoluta, non tamen excedentem regulam rationis.
121) Voir AWB Simpson, A History of the Common Law of Contract: The Rise of the Action of Assumpsit
, Oxford, Clarendon Press, 1987 a la p 118 et s.
(to recover damages for breach of contract), general
Eventually this led to actions for breach of contract, called assumpsit
at the time.
The very first paragraph is largely meaningless without an understanding of such terms as assumpsit
(the first word of the opinion), writ, count, nonsuit, and exception.
A subset of case, assumpsit
, dealt in part with careless execution
Circuit Court in 1817 held that a "fee as counsellor could not be recovered at law," but "a legal attorney's fee could be recovered in assumpsit
There were certainly some advantages associated with the conditional bond, but commercial parties also frequently use other forms of action like trespass and assumpsit
, both of which were tried before a jury but which did not require a deed.
Bunker reads Bertram's letter to Helena as a legal contract that "establishes the assumpsit
parameters" (62), which she enterprisingly fulfills in order to achieve her desired spouse and raise her social position.
on the case wherein the assumpsit
and its breach were .
El Tostado analiza alli el pasaje referido a las tentaciones de Cristo correspondiente a Mateo 4, 8 (Iterum assumpsit
eum diabolus in montem excelsum valde et ostendit ei omnia regna mundi et gloriam eorum) en el cual Jesus es transportado por el demonio a la cima de una montana (33).
Therefore, pleading in indebitatus assumpsit
rather than tort would result in payment of the defendant's ill-gotten gains to the plaintiff as if those gains were owed to the plaintiff as a debt.